Legal Question in Military Law in Florida

Do I Have a Case If I Chose to Hire an Attorney? Need Help!

While in the military, the NCIS entered charges into my FBI file. The alleged charges stemmed from an incident that happened while stationed in Japan. Japan took total jurisdiction and according to their law I was not entitled to an attorney unless they chose to prosecute. They did not, therefore, I went through the entire process without an attorney. Unknown to me, the Naval Criminal Investigative Service entered all the charges into my FBI file. I was not aware of my criminal record until after my honorable discharge when I tried to gain employment. I feel these charges should not have been entered in my FBI file without me given the opportunity to get an attorney and be given a chance to answer to the charges. I feel my constitutional rights have been violated. I am being deprived of my right to earn a living without due process of law. I have been fighting this for one year and the military turns a deaf ear. I want to file a civil law suit to get my criminal record expunged. How do I go abo this, and do you think I have a chance if I fight this in court?


Asked on 1/10/98, 1:26 pm

1 Answer from Attorneys
Harold M. Weiner Coles & Weiner, P.C.

Military law: matter inserted in military record...

Yes. You have a case for correction of your militaryrecords; NOT a lawsuit personally against theNCIS (Feres v. United States, doctrine stillapplies.....sections of 10 U.S.C. notwithstanding.There may be a possibility of SOME moneys butit is slim. Your goal should be to expunge this from your file on the grounds that thelaw under which it arose is so different fromU.S. criminal law that the analogy cannot bedrawn that you committed an offense or crimeunder local law.

The above preliminary discussion is not intended as legal advice. You are notified that we only give such advice in areas of law that we are fully qualified in by virtue of training and experience; that we are licensed ONLY in New York and Maine, and the Federal court system.. There is no substitute for sitting down face to face with an attorney, to protect your rights under law, and to determine your obligations. We are your attorneys only if you have entered into a written retainer agreement with the firm of Coles & Weiner, P.C. We reserve the right to reject any potential client for any reason.

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Answered on 1/14/98, 8:03 am


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